DECREES:

Chapter I

GENERAL PROVISIONS

1. This Decree prescribes the safety protection of high-voltage power grids in order to protect the lives and property of people, the property of the State, to ensure the safe and continuous supply of electricity for production, daily life, security and national defense.

2. To ensure the safety of high-voltage power grids is the responsibility of State bodies, organizations and every citizens.

Article 2.- In this Decree, the following terms shall be construed as follows:

1. "High-voltage power grid" means a system of overhead transmission lines, underground and submarine electric cable lines, surface electric cable lines and transformer stations of 1,000V or more.

2. "Power grid project section" means equipment and accessories installed on the power grid and architectural structures and constructions in service of power transmission and distribution such as electric wires, poles, beams, insulators, earth connectors, pole foundations, pole support cables, pole base embankment, water drainage canals or ditches for transformer stations, fences for transformer stations, electric equipment, electric cables, information equipment networks, cable ditches, marker posts, safety signboards and other support parts.

3. "Bare wire" means the special-use electric transmission wire which is not insulated.

4. "Insulated wire" means the special-use electric transmission wire which is insulated .

5. "Electric cable" means the special-use electric transmission wire clothed with the standard insulation layers according to voltages.

6. "Power grid safety protection corridor" means a space specified in width, length and height running along a power transmission line project or around a transformer station.

Each power grid project is protected by a safety protection corridor specified in Articles 6, 12 and 14 of this Decree.

7. "Protection area" covers the power grid project and its safety corridor.

8. "The competent high-voltage power grid management unit" means the organization from various economic sectors, which has the legal person status and is engaged in electric power activities in accordance with the provisions of law.

Article 3.- When designing and building high-voltage power grid projects and other projects related thereto, organizations and individuals shall have to comply with the provisions of this Decree.

Article 4.- All acts of encroaching upon the protection areas of high-voltage power grids which cause unsafety to the power grid, danger to people and damage to the property of the State, organizations and/or individuals are strictly forbidden.

1. All flying means, when flying near the power grid projects, must keep the minimum distance of no less than 100 m to the nearest part of the power grid and are forbidden to drop any objects which may cause damage to the electric power project. Where flying means are performing special defense or security tasks or being used in service of the management. maintenance or repair of power transmission lines, they must comply with the regulations of the Ministry of Industry (in cooperation with the Defense Ministry, the Public Security Ministry and Vietnam Civil Aviation Department).

2. Upon the completion of the construction of high-voltage power grids projects of 220 KV or higher, the project investors shall have to notify the General Land Administration thereof so that the latter shall indicate in time the power transmission line on the land administration maps so that operators of flying means may know when they perform their mission.

Chapter II

OVERHEAD POWER TRANSMISSION LINES

1. The protection corridor of the overhead power transmission line is delimited as follows:

a) Its length: is calculated from the wire connection point on the first outbound pylon of this station to the wire connection point on the last inbound pylon of the next station(s).

b) Its width: is delimited by two vertical planes on both sides of the transmission line, running in parallel with the transmission line, with the distance from the outmost wire to each side when the wire in static state, being stipulated as follows:

c) Its height: is calculated from the bottom of the post base to the post top plus a vertical safety distance specified in the Table at Point a, Clause 1, Article 7 of this Decree.

2. Electric cables of various kinds running on land surface or hung in the air shall have the safety distance of 0.5m to all sides from the outmost cable.

1. With regard to trees and plants in safety areas of the high-voltage power grids:

a) Rice and subsidiary crops must be grown at least 0.5m from the edge of the electric post base and support cable foundation.

Other kinds of vegetation must be planted to ensure that the vertical distance from the transmission line in static position to the highest point of trees shall not be smaller than the levels prescribed in the following table:

Plants which can quickly grow within a short period of time and threaten the safety (such as eucalyptus, bamboo of various species�) must be cut close to their stumps and not be re-planted.

b) For overhead transmission lines in cities, trees must be trimmed off in order to ensure that the distance from the transmission lines in static position to the nearest point of trees is not smaller than the minimum distance specified in the following table:

2. Trees outside the protection corridor must be cut or trimmed to ensure that if they come down the distance from any part of the trees to any part of the transmission lines is equal or bigger than the minimum distance specified in the following table:

Article 8.- With regard to houses and projects in the protection corridors:

1. Houses and projects which have existed before the construction of the overhead power transmission lines of up to 220KV shall not be removed from the protection corridors if they satisfy the following conditions:

a) They are made of fire-proof materials.

b) Metal structure must be connected to earth according to the current standards.

c) The vertical distance from the transmission lines in static position to any part of the houses and projects must be equal to or bigger than the vertical safety distance specified in the following table:

d) For the distance from the transmission line running over the houses and projects, measures must be taken to enhance the electric and construction safety.

2. With regard to dwelling houses and projects lawfully built before the construction of the overhead power transmission lines, which fail to satisfy one of the four conditions stated in Clause 1, Article 8 of this Decree, the investor of the transmission line project shall have to bear the cost of modification to satisfy such conditions.

3. For dwelling houses and projects which lie in the protection corridors and must be removed therefrom with legitimate reasons, the investors in the transmission line projects shall have to make compensation for the owners or lawful users of such dwelling houses and projects according to law.

4. For houses and projects allowed to be left in the protection corridors, their owners or lawful users must:

a) not use the house roofs or any part of the dwelling houses and projects for purposes which may encroach upon the safety distance specified at Point c, Clause 1, Article 8 of this Decree.

b) when putting them under repair or renovation, obtain the consent of the competent power grid management unit and apply safety measures.

5. The expansion or construction of dwelling houses and projects in the protection corridors of the power grids of up to 220 KV must satisfy the following conditions:

a) Meeting the standards prescribed in Points a, b and c, Clause 1, Article 8 of this Decree.

b) Getting the written agreement on safety from the power grid management unit and the permission of the competent State management body.

c) The owners of the newly expanded or built houses and projects shall have to bear the costs of enhancing safety for the transmission line sections running over the dwelling houses and projects through measures taken by the power grid management unit if such power transmission line sections have yet been reinforced according to regulations.

6. Dwelling houses and/or projects where people live and/or work must not be allowed to exist in the safety protection corridors of high-voltage power transmission lines of 500 KV or more, except for specialized projects in service of the operation of such power grids.

1. Any activities in the protection corridors of the overhead transmission lines with the use of equipment, instruments and/or means which may encroach upon the safety distance specified in the table at Point a, Clause 1, Article 7 of this Decree are strictly forbidden. In special cases where activities must be carried out due to urgent defense or security requirements, the agreement must be reached with the high-voltage power grid management unit in order to apply necessary safety measures.

2. Overhead transmission lines intersect traffic roads:

a) At intersections between overhead high-voltage power transmission lines and land roads or railways, the transport means with the height of up to 4.5 m (including cargo laden on the means) from the road surface are passable.

Where cargoes with a height of over 4.5m should be transported, the means owners shall have to cooperate with the power grid management units to apply necessary safety measures.

b) For electric trains, the height of the high-voltage transmission line at the intersection with the railway when the line is in the static position, fully charged is equal to the static distance of the railway (7.5m) plus the safe electric discharge distance specified in the table at Point c, Clause 2, Article 9 of this Decree.

c) At intersections between the overhead high-voltage transmission lines and inland waterways, the height of the power transmission line at the lowest point when the line is in the static position is equal to the technical static height of the waterway plus the safe electric discharge distance according to voltages specified in the table below. Waterway transport means, when travelling through the intersections, shall have to keep the safety distance specified in the following table:

For marine navigation, there is separate regulation for each specific intersection.

3. When having to conduct such activities on land surface or underground near or in protection corridors of overhead transmission lines as earth digging or filling-up, mineral exploitation, building underground projects, assembly, repair and doing work requiring the use of machinery or equipment which may affect the normal operation of the transmission lines or cause incidents and accidents, the units conducting such activities shall have to take measures to ensure the safety and obtain the consent of units managing power grid projects.

1. Not to build power transmission lines through key economic, cultural, defense, security, information and communications projects or places where crowds of people often gather, historical relics already classified by the State.

2. Where it is compulsory to build power transmission lines through the projects and/or places specified in Clause 1, this Article, the following conditions must be satisfied:

a) It is agreed upon by the competent State bodies managing the above-said projects. If no agreement can be reached, it shall be reported to the superior State management body for settlement.

b) The power transmission line sections running through the projects and places mentioned above must be consolidated with electric and construction safety measures.

c) The underground cable sections connecting with the overhead power transmission lines from the ground upward must be clothed with color plastic pipes.

Article 11.- When constructing power transmission line projects, the investors shall have to pay compensation for tree felling, crop damage, the removal or renovation of dwelling houses and projects to their owners or lawful users as prescribed by law.

Chapter III

UNDERGROUND AND SUBMARINE CABLES

Article 12.- The protection corridor of the underground and submarine electric cable is delimited as follows:

1. The length: Calculated from the location where the cable runs out of the protection scope of this station to the location where the cable gets into the protection scope of the successive station.

2. The width: is limited by two vertical and parallel planes on both sides of the cable line (for cable placed directly underground, in water) or is separated from the outer edge of the cable rack (for cable placed in racks) to each side is specified in the following table:

3. The height: Calculated from the bottom of the foundation of the electric cable project up to the natural ground surface or water surface.

1. It is forbidden to dig holes, pile up goods, drive in stakes, plant trees, build houses and other constructions, anchor boats and ships in the protection corridor of the underground or submarine cable lines.

2. It is forbidden to discharge water and substances which can eat away cables, equipment� into the protection corridors of underground or submarine electric cable lines.

3. Where water and other substances discharged outside the protection corridors of underground or submarine electric cable lines may infiltrate, eat away and damage the cables, the owners or the managers and users of houses and/or projects where water and/or waste are discharged from shall have to handle it so as not to adversely affect the cables.

4. When building underground projects, or dredging rivers or lakes in the protection corridors of underground or submarine electric cable lines, the constructor shall have to inform the power transmission line management unit thereof at least 10 days in advance. There must be agreement and unity in applying measures to ensure safety for the cable lines. Where it is due to the urgent requirement of work related to security and defense, the separate regulations shall apply.

Chapter IV

TRANSFORMER STATIONS

1. The protection corridor of the transformer station is limited as follows:

a) For overhead stations (hung stations) without surrounding fences, the protection corridor�s width is limited by a plane around the station with the distance to the nearest electrically charged part of the station, which is stipulated as follows:

b) For transformer station with fixed surrounding walls (or fences), the width of the protection corridor is 0.5 m from the outer side of the surrounding wall.

c) The corridor�s height is calculated from the deepest bottom of the foundation of the power project to the highest point in the station plus the vertical safety distance prescribed in the table at Section a, Clause 1, Article 7 of this Decree.

2. In the protection corridor of the transformer station, it is forbidden:

a) to build houses and/or projects.

b) to plant trees of various kinds (including vines), except for subsidiary food crops and ornamental plants of under 2 m high.

Article 15.- The construction of houses and projects near the protection corridors of the transformer stations must not cause damage to any part of the power stations and strictly comply with the current regulations on construction standards. Not to encroach upon ways in and out of the stations; not to encroach upon the protection corridor of underground power cable lines, the protection corridors of overhead lines, water sewages and ditches of the stations; not to obstruct the ventilating systems of the stations; not to let waste water infiltrate, thus damaging the power projects.

Chapter V

SIGNBOARDS, SIGNALS

Article 16.- The installation and management of signal boards and no-passing boards for transport means at intersections between the overhead power transmission lines and roads shall comply with the regulations of the Communications and Transport Service. The construction project owners shall pay for the cost of placing signal boards.

The power grid management units shall have to post up signal boards and prohibition boards at electric posts and transformer stations.

For the following cases, the electric posts must be painted with white-red signal (from the height of 50 m upward) and the signal lights must be placed on top of the electric posts:

The electric post is 80 m or more in height.

The electric post is 50 - 80 m high at positions of particularly urgent requirement.

Where a high-voltage transmission line runs near an airport, lying within the boundary of 8,000 m from the nearest runway of the airport, the painting of the electric post and placing signal light on its top shall comply with the regulation of the Aviation Service.

1. Along the underground electric cable lines, the project owners shall have to place marker-posts or signboards.

2. In areas where the overhead transmission lines or submarine electric cables intersect inland waterways, the power grid management units shall have to place and manage signal boards or signs along both sides as prescribed by the Communications and Transport Service.

Chapter VI

MANAGEMENT OF THE POWER GRID�S OPERATION

Article 19.- Persons who manage the operation of and/or repair power grids shall have to wear badges and possess the mission cards when on duty.

1. The felling of trees stipulated in Articles 7 and 14 of the Decree shall be effected by the power grid management units which have to inform units managing such trees or the owners thereof 10 days in advance;

2. To quicken and facilitate the repair of power grids struck with unexpected damage, the power grid management units may fell a number of trees other than those specified in Articles 7 and 14 of this Decree. Within 10 days after commencing the work, the power grid management units shall have to notify the number of trees cut down and make compensation therefor to the tree owners according to the State�s regulations.

3. To strictly prohibit the taking advantage of power grid protection or repair to cut trees casually.

Article 21.- Users of land where underground electric cable lines or overhead transmission lines run through shall have to create favorable conditions for the power grid management units to inspect or repair the damaged projects. Regular repairs shall be notified 3 days in advance; irregular repair due to unexpected incidents shall be notified before conducting the work. Upon the completion of the repair, the power grid management unit shall have to restore the ground to its previous state before the repair.

Chapter VII

COMMENDATION AND HANDLING OF VIOLATIONS

Article 22.- To strictly prohibit all acts of encroaching upon the safety protection areas of high-voltage power grids which cause unsafety to the power grids or danger to people, including:

1. Entering the transformer stations, disconnecting or climbing on parts of the power grid projects when having no tasks to do so.

2. Stealing, digging, throwing or shooting stones thus causing damage to components of the power grid projects.

3. Misusing parts of the power grid projects for other purposes without the consent of the competent power grid management units.

4. Flying kites or other flying objects near the power grid projects.

5. Placing antenas, drying wires, scaffoldings, advertising boards or lamp boxes...at positions, which, when falling down, may hit parts of the power grid projects.

6. Such activities as mine explosion, opening pits, piling up in storage inflammables and explosives or chemicals which eat away components of the power grid projects, slash and burn farming, using construction means which cause strong quakes or damage to the power grid projects.

Article 23.- Upon detecting that a power grid project is encroached upon, destroyed, on fire, struck by serious incident because of natural calamity or other causes, the power grid management unit, the local People�s Committee, police and armed forces units stationing in the locality shall have to coordinate their activities to quickly overcome the incident in order to minimize the damage and quickly bring the project back to normal operation.

Article 24.- Organizations and individuals with merits in detecting and preventing acts of damaging or destroying power grid projects, participating in the protection of the power grids, the overcoming of incidents and limiting damage to the power grid projects shall be commended and rewarded according to law.

Article 25.- Organizations and individuals that violate the provisions of this Decree shall, depending on the seriousness of the violations, have to make compensation for damage incurred, be administratively sanctioned or examined for penal liability as prescribed by law.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 26.- This Decree shall replace Decree No. 70/HDBT of April 30, 1987 and take effect 15 days after its signing.

Article 27.- The Minister of Industry shall have to monitor, inspect and guide the implementation of this Decree. Any matters that go beyond his/her jurisdiction shall be reported to the Prime Minister for consideration and decision.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People�s Committees of the provinces and centrally- run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister